User Agreement

Last Updated: April 03, 2009

This Agreement is effective on April 03, 2009 for current users, and upon acceptance for new users.

This User Agreement describes the terms on which Contest Mogul, LLC (“CreateMyTattoo.com”, “we”, “us”), a Pennsylvania limited liability company with its principal place of business in Fogelsville, PA, offers you (“you” or “your”) access to our Website (including all content and functionality available through CreateMyTattoo.com), and services provided by us. By visiting or using the services available on CreateMyTattoo.com (the “Website” or “CreateMyTattoo.com”) you are agreeing to the following terms without change, including those terms available by hyperlink (collectively, the “Agreement”). If you do not agree to any of the terms in this Agreement and the related policies referenced in this Agreement, please do not use this Website.

1. Use of the Website

CreateMyTattoo.com provides this Terms of Service for this Website and all such documents are incorporated by reference as if fully set forth herein. You must also abide by any posted guidelines, rules, policies which are also hereby incorporated into this document by reference as if fully set forth herein. Any use of any tool or service that this Website provides is the user's express indication to us that he/she agrees to be bound by each and every term and condition of this document.

You agree that you will use the website and our services only for lawful purposes and in a lawful manner. While using the Website and our services, you agree that you will not:

Harvest or otherwise collect information about users, including email addresses, without their consent;

Distribute viruses or any other technologies that may harm us, or the interests or property of our users;

Post or transmit any content that is harmful to computer software, hardware, or telecommunications equipment;

Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off CreateMyTattoo.com or using it for purposes unrelated to CreateMyTattoo.com);

Account:

Register under a false name or use an invalid or unauthorized email or physical address;

Use another's account without permission;

Use an invalid or unauthorized payment method;

Impersonate another user or participate in projects under a false name;

Transfer your account and User ID to another party without our written consent;

Select a username that contains an email or website address;

Legal & Copyright:

Be misleading or violate consumer interest laws

Violate any laws, third party rights, or our rights

Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and grant us all of the license rights under this Agreement;

Violate any written agreement that prohibits you from posting content to this Website;

Violate any intellectual property law by posting content to this Website, duplicating content, or offering to sell such content;

Copy, modify, or distribute content from the Website and/or our copyrights and trademarks;

Contest:

Fail to provide to a buyer final deliverables required by the buyer if you are the winning Artists, unless the buyer has materially changed the project’s scope or description after you were selected as the winning Artists, a clear typographical error is made, or you are unable to communicate with the buyer;

Materially change the scope of the project after you selected the winning Artists;

Manipulate the price of any project or interfere with other user's project listings:

The Website contains robot exclusion headers. Much of the information on the Website is updated on a real-time basis and is proprietary to us, our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to us) from the Website without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (d) bypass any measures we may use to prevent or restrict access to the Website. Notwithstanding the foregoing, CreateMyTattoo.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

We may report fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.

We may modify or alter these Terms and Conditions at anytime without any prior notice to you being given. In the event that you disagree with any modification to these Terms and Conditions your sole recourse is to refrain from using this Website and the tools and services that we provide. You further agree use of any of our tools or services, or this Website, subsequent to any modification or alteration of these Terms and Services is your express indication to us that you expressly agree to be bound by each and every term and condition of the modified Terms and Conditions document as posted on our Website in its modified or altered form.

You understand and agree that CreateMyTattoo.com is not responsible for the content provided by third parties. CreateMyTattoo.com does not investigate any content provided by third parties and makes no warranty or guarantee character of any such content, including tattoo designs, phrases, text and trademarks or individual or collective portions of any such content. You agree to hold CreateMyTattoo.com and its owners, officers, principles, associates, advertisers, employees, affiliates, and contractors harmless from any liability and to indemnify the same from any losses, damages, judgments, fees and costs of any nature regarding your reliance upon any content provided to this Website by any third party.

All content on this Website is provided "As is" and "Where is." You assume the sole responsibility of conducting reasonable due diligence regarding verifying any claims as to the original nature of any tattoo design or other product or service that you purchase via this Website.

The content presented on this Website that is owned exclusively by CreateMyTattoo.com is protected by various provincial, state and federal copyright laws and other legal restrictions. Other content, not owned by us, is protected by similar laws in various jurisdictions.

2. General Content Rules

By providing your Content to us, you grant, and you represent and warrant that you have the right to grant, an irrevocable, non-exclusive, worldwide license to use, copy, perform, display, and distribute the content for sale until and unless your content is sold or you remove the content from the Website.

All design entries, including prize winning / sold entries remain published on the Website in our community portfolio so they can be seen by members of the public. All users who may have a legal interest in such designs give us a permanent, transferable, royalty free license to publish such entries on our Website.

You cannot and must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on our Website in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder for the intellectual property published on this Website, including all designs. Unless you are otherwise lawfully entitled to do so, you cannot and must not use any content found on the Website on any other Website, in a networked computer environment, or in any medium, for any purpose except your own internal viewing. You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Website unless expressly permitted by law.

CreateMyTattoo.com or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing.

3. Eligibility

Only parties that can lawfully enter into and form legal contracts may use the Website and our services. If you use our services, you expressly represent to us that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. Before you may become a member of the Website, you must read and accept all of the terms and conditions in this Agreement. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate service to anyone.

4. Sale of Content

If you place content on this Website for potential sale, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all content that you provide or otherwise make available via this Website. You also warrant and represent that you own or otherwise control all of the legal rights to such content including, without limitation, all the rights necessary for you to sell the content on our Website.

We do not intercede or become involved with or between any disputes between Artists and Clients. Artists agree to execute any reasonably required documentation proving the lawful transfer of ownership and control of the winning design to the Client who has paid for that design upon the request of the Client.

You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries. We will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of us. No delay or omission by us in exercising our rights or remedies will impair our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without our express written permission, and any attempt to do so will be null and void. We may assign this Agreement without restriction.

Except for the payment of fees to us, neither you nor we shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

Clients who fail to select a final winner and approve of the prize release (that is, authorizing us to release the funds from escrow to the winning Artist) by giving final approval of the winning design within 7 days then CreateMyTattoo.com will release the funds to the winning Artists or otherwise select a final prize winner and release the funds to that winner. As indicated herein, we shall release the funds to the winner should the buyer fail to authorize the release of those funds.

5. Disputes

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You will not hold us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if advised of the possibility of such damages.

If a dispute arises between you and us, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and we agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Services (a “Claim”) in accordance with this section, entitled “Forum for Disputes.” Before resorting to these alternatives, you agree to first contact us directly to seek a resolution.

Forum for Disputes:

This Agreement is governed in all respects by the laws of the State of Pennsylvania without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against Contest Mogul, LLC must be resolved by a court located in Lehigh County, PA, or as described in the Arbitration paragraph below. You hereby submit to the personal jurisdiction of the courts located within Lehigh County, PA for the purpose of litigating all such claims or disputes.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO CREATEMYTATTOO.COM MUST BE COMMENCED WITHIN 30 DAYS AFTER IT ARISES, OR THE CAUSE OF ACTION IS BARRED.

Arbitration:

For any claim arising between you and us where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules:

(a) The arbitration will be conducted by telephone, online and/or be solely based on written entries, the specific manner will be chosen by the party initiating the arbitration;

(b) The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and

(c) If an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

Improperly Filed Claims:

Should you file a claim contrary to this section entitled “Resolution of Disputes,” we will be entitled to recover attorneys’ fees and costs up to $2,000, provided that we have notified you in writing about the improperly filed claim, and you have failed to promptly withdraw the claim.

6. Taxes

All Artists are solely responsible for their own taxes. Each Artist is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law. Artists are independent contracts and not employees of our Website or corporation.

Where required by law, tax documentation will be sent on an annual basis to the required government recipient(s). Artists who are residents of other nations may have to cooperate with collection of taxes as requested by their nation, state or local government.

7. Specific Sale Rules

Those providers of custom tattoo designs are deemed "Artists" within the body of this Agreement. The Artist agrees to provide the Client with a .JPG of the winning tattoo design. The Artists also agrees to provide additional variations upon request including: Black & White and Stencil. Additional requested formats can include .PDF, .GIF, or .PNG. All deliverables are referenced herein as defined as the ("Tattoo Design"). All Tattoo Designs are required to be provided to the client within one week of the client selecting a winner. Should the winning Artist be unable to provide the final design files within one week, the customer will be permitted to select a different design from their contest or receive a full refund.

The Artist represents that, other than materials provided to the Artist from the buyer, the tattoo design is a wholly original work and was not copied in part or whole from an existing work or otherwise violates any intellectual property law or any other law or right belonging to a third party. The Artist represents that they are the sole author or owner of the tattoo design, and that the tattoo design does not violate any patents, trademarks, service or copyrights of another person, form, or entity.

The Artist, upon purchase, thereby irrevocably transfers all rights, ownership, intellectual property interest and legal title of the tattoo design to the buyer. The Artist will not use the design of the tattoo in any further or derivative work (except for display as an example of the designer's work for portfolio purposes except as indicated herein) nor offer to resell the tattoo design to anyone else as the buyer obtains sole and exclusive ownership to the tattoo design via the purchase: it cannot be resold.

8. Legal Relationships and Obligations of Parties

All parties who use this Website must be at least 18 years of age and legally able to enter into a binding contractual relationship.

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We offer a venue where buyers can meet Artists and transactions may take place. When an Artist publishes via upload his/her design regarding a particular project, that Artist is making a legally binding offer to sell that design, on an exclusive basis, to the client who has posted the project. Should the Client accept the design and purchase the same, the Artists has legally concluded the sale of that design and must follow through with the sale as the sale is a part of a binding contract. In the event that the Client selects a design and fails to allow the release of the funds to the Artists within one week of the conclusion of the purchase, then we have the legal ability to release the funds to the Artists ourselves. Accordingly, Clients should select a final winner only when they are completely satisfied with the final design. Artists have the obligation to swiftly provide all agreed upon deliverables as promptly as possible and always prior to being paid.

We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately stop any project or transaction, prevent or restrict access to the Website or to our services, or take any other action in case of technical problems, objectionable material, inaccurate project listings, inappropriately categorized projects, inaccuracies, unlawful projects or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.

We do not endorse any user submitted content to the Website, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users.

9. Fees

There is no cost to becoming a member on the Website or in browsing most of the Website. Clients pay the cost of the awarded design as well as all related PayPal and or Credit Card fees required to complete the transaction. We charge a fifteen percent (15%) service fee that is deducted from the sale price of each completed tattoo contest. The remaining balance is sent to the Artist’s Paypal or MoneyBooker account.

Contest upgrades may be available and are subject to change. Any contest upgrades are paid by the Client at the time the contest is created. When you post a contest as a Client or use a service that has a fee associated with it, you will always have an opportunity to review and accept the fees that you will be charged. We may choose to temporarily change the fees for our services for promotions or for new services. All fees are quoted in U.S. Dollars. You agree to pay in a timely manner and with a valid payment method, all fees applicable to your use of the services. If your payment method fails, we may collect fees owed using other collection mechanisms.

10. Contest Guarantee

We offer a full 100% money back guarantee on all contests. If you run a custom tattoo design contest and don’t receive at least 10 unique designs and find a single design you’re 100% happy with, simply contact us within 7 days from the time your contest closed and we’ll give you all your money back. Please remember, if you choose to initiate a refund against your contest, you are not legally allowed to use any of the tattoo designs submitted to your contest.

For a contest to be eligible for the guarantee it must meet the following requirements:

2.Contest holder must actively participate in the contest. This includes:

a) Providing feedback to the artists on a minimum of 70% of the entries throughout the contest.

b) Giving each design a star rating .

c) Answering all artists' design related questions.

We reserve the right to refuse a refund. The determination to deny a refund is final and conclusive and may not be challenged by the customer.

11. Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

12. Indemnifications

You agree to defend, hold harmless and indemnify CreateMyTattoo.com, its officers, directors, employees and agents, from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys' fees) incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Services or the use of the Service using your account, including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Website (ii) your decision to supply credit information via the Website, including personal financial information; (iii) your decision to submit postings and accept offers from other users; (iv) any breach of contract or other claims made by members with which you conducted business through the Website; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any user; (viii) any act or omission of yours with respect to the payment of fees; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to another user. This defense and indemnification will survive this Agreement and your use of the Website.

13. Modifications and Interruption to Service

We reserve the right to modify or discontinue the services, and our Website, with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue any or all of the services that we provide. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

14. Third-Party Websites

Our Website may include links to other websites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party website. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such websites. Your use of those third-party websites is subject to the terms of use and privacy policies of each website, and we are not responsible therein. We encourage you to review said privacy policies of third-parties' websites.

15. Compliance with Laws

Each user is responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries. CreateMyTattoo.com will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of CreateMyTattoo.com. No delay or omission by us in exercising our rights or remedies will impair our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without our express written permission, and any attempt to do so will be null and void. We may assign this Agreement without restriction.

Each user further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

CreateMyTattoo.com owned trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits our business or CreateMyTattoo.com.

All other trademarks displayed on our Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by us of those particular Vendors.

17. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the United States Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA), we designate the following individual as its agent for receipt of notifications of claimed copyright infringement for complaining individuals residing or working in the United States of America. (Residents of other nations may send copyright complaints to us for our review and consideration following this format. Our ultimate action if any will depend on the nature of the complaint sent to us.) Please review our Copyright Policy for additional information. {Link to Copyright Policy}

Each of these policies may be changed from time to time. Changes take effect when we post them on the CreateMyTattoo.com website. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

19. Additional Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Website member or visitor. You agree that by accepting this Terms of Use Agreement you are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

The Terms of Service and any registration for or subsequent use of this Website will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and CreateMyTattoo.com, except and solely to the extent expressly stated. All Members and Artists are independent contractors.